NAC284.618. Layoffs: Voluntary demotions.

     1. In lieu of being laid off, a permanent employee may choose to be voluntarily demoted to a vacant position or displace an employee within the department and geographical location where employed to one of the next lower classes:

     (a) Within his or her current class series and option; or

     (b) Within the class series and option from which he or she was appointed to his or her current position during current continuous service if he or she cannot be demoted pursuant to paragraph (a).

Ê For the purposes of this subsection, divisions of the Department of Health and Human Services and the Nevada System of Higher Education shall be deemed to be departments.

     2. No employee in a higher class may displace an employee in a lower class who has more seniority. If an employee chooses to displace another, he or she must displace the member of the next lower class who has the least seniority. If that member has more seniority, the displacing employee must descend further in the class series.

     3. The employees displaced reestablish the layoff class.

     4. An employee may choose to displace another only if he or she meets the minimum qualifications for the class, option and position. For the purposes of this subsection, qualifications for a position may be different from those of the class and option only when selective certification is required pursuant to subsection 2 of NAC 284.361.

     5. Full-time, part-time and seasonal employees must be treated separately and can only displace like employees.

     6. Displacement is always a movement to a class at a lower grade.

     7. A current employee who elects to displace another employee has priority over former employees already on reemployment lists.

     8. The pay of the employee who is taking a voluntary demotion cannot exceed the highest step for the class to which the employee is being demoted. If the current pay falls within the lower rate range, no reduction in pay may occur unless money is not available as certified by the Chief of the Budget Division or, in the case of an agency which is not supported from the State General Fund, as certified by the administrator of that agency.

     [Personnel Div., Rule XIII § B subsec. 2, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 8-26-83; 10-26-84; 7-21-89; 8-1-91; R146-01, 1-18-2002; A by Personnel Comm’n by R096-03, 10-30-2003; R143-05, 12-29-2005)